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Tuesday, March 15, 2016

Cattaraugus County District Attorney Report - March 14, 2016

Lori Pettit Rieman, Cattaraugus County District Attorney, reported the following activity in Cattaraugus County Court on Monday, March 14, 2016:

Arraignments
LOGAN SHEARER, 20, of Olean, New York, was arraigned and entered a plea of not guilty to an indictment that charges him with one count of Burglary in the First Degree, class B felony; one count of Burglary in the Second Degree, class C felony; one count of Conspiracy in the Fourth Degree, class E felony.  The incident occurred in December 2015in the Town of Allegany, when he allegedly entered and remained unlawfully in a dwelling with the intent to commit a crime. The case has been adjourned for motions.

HEATHER DEER, 32, of Franklinville, New York, was arraigned and entered a plea of not guilty to an indictment that charges her with two counts of  Driving While Intoxicated, class D felonies; Failure to Keep Right, a violation; Aggravated Unlicensed Operation in the First Degree, class E felony; Ignition Interlock, violation. The incident occurred on November 14, 2015 in the Town of Great Valley, when she allegedly operated a motor vehicle with a BAC .15% and knowing that her privilege to operate a motor vehicle in the state of New York was suspended, revoked or otherwise withdrawn. And the motor vehicle was not equipped with an ignition interlock device. The case has been adjourned for motions.

JESSICA L. SILVERHEELS, 36, of Gowanda, New York, was arraigned and entered a plea of not guilty to an indictment that charges her with Criminal Possession of a Controlled Substance in the Third Degree, a class B felony; Criminal Sale of a Controlled Substance in the Third Degree, a class B felony.  The crime occurred on August 7, 2014 in the Town of Persia, when she allegedly possessed and sold narcotic drug. The matter has been adjourned for motions.

DWAYNE MOTLEY, 46, of Olean, New York, was arraigned and entered a plea of not guilty to an indictment that charges him with  one count of Grand Larceny in the Third Degree, a class D felony and forty-four [44] counts of Falsifying Business Records in the First Degree, a class E felonies.  The incident occurred between September 15, 2015 and November 15, 2015 in the City of Olean, when he allegedly stole property and the value of the property exceeded $3,000.00 and with intent to defraud made or caused false entries in the business records of an enterprise. The matter has been adjourned for motions.

Guilty Pleas

JULIE R. OAKES, 33, of Salamanca , New York, entered a plea of guilty to Criminal Possession of a Controlled Substance in the Seventh Degree, a class A misdemeanor to satisfy a pending indictment.  The incident occurred on April 21, 20105, in the City of Salamanca, when she knowingly and unlawfully possessed a controlled substance with the intent to sell it. Sentencing is scheduled for April 4, 2016.

RICHARD CUMMINGS, 28, Address Unknown, entered a plea of guilty to Attempted Criminal Sale of a Controlled Substance in the Third Degree, class C felony to satisfy a pending indictment.  The incidents occurred on  February 26, 2015 and June 16, 2015, in the City of Olean, when he knowingly and unlawfully possessed and sold a narcotic drug. Sentencing is scheduled for May 16, 2016.

MARNITA L. GAYTON, 28, of Erie, Pennsylvania, entered a plea of guilty to Criminal Sale of a Controlled Substance in the Seventh Degree, class A misdemeanor to satisfy a pending indictment.  The incidents occurred on  May 20, 2014, in the Town of Carrollton, when Gayton knowingly and unlawfully possessed a controlled substance. Sentencing is scheduled for May 16, 2016.

HARRY SKULL, 41, of Allegany, entered a plea of guilty to Attempted Insurance Fraud in the Second Degree, class D felony to satisfy a pending indictment.  The crime occurred on April 6, 2015, in the Town of Allegany, when Skull committed a fraudulent insurance act and thereby attempted to wrongfully take or obtain or withhold property with a value in excess of fifty thousand dollars. Sentencing is scheduled for May 16, 2016.

SEAN M. GALMER, 26, of Olean, New York, entered a plea of guilty to Criminal Sale of a Controlled Substance in the Third Degree, class B felony to satisfy an indictment.  The incident occurred on  May 1, 2015 in the city of Olean, when Galmer knowingly and unlawfully possessed and sold a narcotic drug. Galmer also entered a plea of guilty to  Criminal Possession of a Controlled Substance in the Fifth Degree, to satisfy another indictment.  The incident occurred on  May 29, 2015, in the City of Olean, when the defendant knowingly and unlawfully possessed a narcotic drug.  Sentencing is scheduled for May 16, 2016.

KYLE CLAYPOOL, 29, of Salamanca, New York, entered a plea of guilty to Criminal Possession of Stolen Property in the Fifth Degree, to satisfy a pending indictment.  The incident occurred on July 28, 2015, in the City of Salamanca, when he knowingly possessed stolen property and the value of the property exceeded $3,000.  Sentencing is scheduled for May 16, 2016.

CHRISTOPHER D. BURTON, 28, of Olean, New York, waived prosecution by indictment and entered a plea of guilty by Superior Court Information to Burglary in the Second Degree, a class C felony.  The crime occurred in January 2016 in the City of Olean. Sentencing is scheduled for May 16, 2016.

JARED WRAZEN, 23, of Delevan, New York, entered a plea of guilty to Criminal Possession of Precursors of Methamphetamine, a class E felony.  The incident occurred on December 1, 2015, in the Town of Yorkshire, when he possessed with intent to use a precursor, solvent or chemical reagent to unlawfully manufacture Methamphetamine.  Wrazen also entered a plea of guilty to Attempted Assault in the First Degree, class E felony.  The incident occurred on May 25, 2015, in the Town of Farmersville. Sentencing is scheduled June 6, 2016.

Sentences

MICHAEL P. CHRISTMAN, 32, of Tonawanda, New York, was sentenced to three [3] years probation; $750.00 fine; Drivers License revoked for six [6] months; 100 hours of community service and ignition interlock for one [1] year, for his conviction to Driving While Intoxicated, a class E felony.  The incident occurred on August 10, 2014, in the City of Olean.  

RIK A. RINEHART, 27, of Salamanca, New York, was sentenced as a PREDICATE FELONY OFFENDER   to an indeterminate term of 2-4 years with the New York State Department of Corrections for his conviction to Attempted Burglary in the Third Degree, a class E felony. The incident occurred on December 9, 2015, in the Town of Little Valley.  He was also sentenced  to an indeterminate term of 2-4 years with the New York State Department of Corrections and restitution for his conviction to Attempted Forgery in the Second Degree, a class E felony. The incident occurred on or about September 1, 2015, in the Town of Mansfield.

In Cattaraugus County court Monday, Breanna Winicki, 21, of Cuba, was sentenced to a term of 2 years in state prison for her conviction to Criminal Possession of a Controlled Substance in the Fifth Degree, class D felony and Driving While Impaired, a misdemeanor.  The incident occurred on October 23, 2015, in the City of Olean, when she drove while her ability was impaired by drugs and knowingly and unlawfully possessed a controlled substance with the intent to sell it. Winicki was also sentenced to 2½ to  3 years in prison to run concurrent with the previous sentence and restitution for her conviction to Assault in the Second Degree, class D felony.  That crime occurred on August 6, 2015, in the Town of Hinsdale, when she caused injury a person by means of a deadly weapon or dangerous instrument

PIERRE N. MORGAN, 31, of Buffalo, New York, was sentenced to a term of sixty [60] days in the Cattaraugus County Jail and three [3] years probation for his conviction to Criminal Possession of a Controlled Substance in the Seventh Degree, class A misdemeanor.  The incident occurred on January 9, 2014, in the City of Olean, when the defendant knowingly and unlawfully possessed cocaine.

REBECCA L. KENNEDY, 21, of Gowanda, New York, was sentenced to a term three [3] years probation for her conviction to Criminal Possession of a Controlled Substance in the Seventh Degree, class A misdemeanor.  The incident occurred on October 7, 2015, in the Town of Persia, when the defendant knowingly and unlawfully possessed a controlled substance.